A COMPETITOR'S GOODS.

Auckland Star, Volume LIV, Issue 129, 1 June 1923, Page 9

A COMPETITOR'S GOODS.

i CONDEMNATION REFUSED. WELLIN'i ITON. Thursday. I An application by ihe Collector of Customs in accordance with the pro- ! visions of the Customs Act, 1013. for lan order for condemnation of a gramophone record, the property of W. B. Mcllvenev. was the subject of a lengthy decision 'by Mr. Page. S.M.. ai tho Magistrate's Court to-day. | "1 think." saitl the magistrate, alter reviewing the legal points raised at the hearing, "that it lias not been shown that a false trade description has been applied to the goods in this case, and therefore they do not come within the class prohibited. The pre-ent proceedj ings seem to be an endeavour on the part of a gramophone company to invoke the aid of the summary powers of the Collector of Customs to prevent the goods of a competitor from entering New Zealand, and. in my opinion. I the seizure made has not been justified." | An order was accordingly made for the return of the record to Mcllvenev. 1 who was allowed substantial costs. Security for appeal was lived at £10 ' 10/, plus Co .".' costs, and in the meanj time tbe record is to be retained for use in further proceedings.